CHAPTER 53:04
VETERINARY AND PARA-VETERINARY PRACTITIONERS

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE BOARD OF VETERINARY SURGERY

   3.   Establishment of the Board

   4.   Composition of the Board

   5.   Tenure of office and vacancies

   6.   Allowances of members

   7.   Functions of the Board

   8.   Policy directions

   9.   Proceedings of the Board

   10.   Committees of the Board

   11.   Minutes of meetings

   12.   Disclosure of interest

   13.   Protection of members

   14.   Co-opted persons

   15.   Oath of secrecy

   16.   Prohibition of publication or disclosure of information by unauthorized persons

PART III
MANAGEMENT

   17.   Appointment of Registrar and other staff

PART IV
FINANCIAL PROVISIONS

   18.   Funds of the Board

   19.   Levy

   20.   Financial year

   21.   Accounts

   22.   Annual reports

   23.   Progress reports

PART V
REGISTRATION

   24.   Application for registration

   25.   Unregistered persons prohibited from practising veterinary surgery

   26.   Register

   27.   Persons eligible to be registered as veterinary surgeons and para-veterinary surgeons

   28.   Qualifications for registration

   29.   Registration

   30.   Annual publication of list of veterinary surgeons and para-veterinary surgeons

   31.   Removal of name from Register

   32.   Use of title

   33.   Persons registered entitled to practice and recover charges

   34.   Certificates to be signed by veterinary surgeons

   35.   Authority for re-registration

PART VI
PRIVATE PRACTICE

   36.   Licence for private practice

   37.   Issue, etc., of licences to be published in the Gazette

   38.   No fees recoverable unless practitioner licensed for private practice

PART VII
DISCIPLINARY PROVISIONS

   39.   Disciplinary Committee

   40.   Function of Disciplinary Committee

   41.   Taking of evidence by Disciplinary Committee

   42.   Exercise of disciplinary powers on conviction of offence

   43.   Board to refer cases to Disciplinary Committee

   44.   Exercise of disciplinary powers

   45.   Appeal to High Court

   46.   Publication of result of disciplinary proceedings

   47.   Board or Disciplinary Committee not to be liable

   48.   Improper or disgraceful conduct

PART VIII
OFFENCES AND PENALTIES

   49.   Offences and penalties

PART IX
REGULATIONS AND SAVINGS

   50.   Regulations

   51.   Repeal and savings

      Schedule

7 of 2001
GN. 27/2001

An Act to Provide for the establishment of the Board of Veterinary Surgeons; the registration and disciplining of veterinary surgeons and para-veterinary surgeons; the licensing of private practice of veterinary surgery and generally for the control and regulation of the practice of veterinary surgery and veterinary medicine in Malawi and for matters incidental to or connected therewith

[3RD SEPTEMBER 2001]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Veterinary and Para-Veterinary Practitioners Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “Board” means the Board of Veterinary Surgery established under section 3;

   “Director” means the Director of Animal Health and Industry;

   “para-veterinary surgeon” means a person registered as such under section 27;

   “practice of veterinary surgery” includes the practice of veterinary medicine and the performance of any operation and the giving of and providing of any treatment, test, advice, diagnosis or attention such as is usually performed, given or provided by veterinary surgeons;

   “Register” means the Register of Veterinary Surgeons provided forunder section 26;

   “to register” means to enter in the Register the particulars required under section 29;

   “Veterinary surgeon” means a person registered as such under section 27.

PART II
THE BOARD OF VETERINARY SURGERY

3.   Establishment of the Board

   There is hereby established a body to be known as the Board of Veterinary Surgery (in this Act otherwise referred to as the “Board”) which shall be a body corporate with perpetual succession and a common seal capable of suing and being sued in its corporate name, and with power, subject to this Act, to do or perform all such acts and things as a body corporate may by law do or perform.

4.   Composition of the Board

   (1) The Board shall consist of—

   (a)   the following members ex officio

      (i)   the Director of Animal Health and Industry or his designated representative;

      (ii)   the Solicitor General or his designated representative;

   (b)   three registered veterinary surgeons appointed by the Minister; and

   (c)   two registered para-veterinary practitioners nominated by the Veterinary Assistants Association of Malawi and appointed by the Minister.

   (2) A designated representative of a member ex officio referred to in subsection (1) shall be designated by, or on behalf of, the member ex officio by a notice in writing to the Board to attend the meetings of the Board, and upon such designation such designated representative shall not attend to the business of the board by representation.

   (3) The Chairman shall be elected by the Board from among its members:

   Provided that no member appointed under paragraph (a) of subsection (1) shall be elected as Chairman.

   (4) The names of all members as first constituted and every change of membership shall be published in the Gazette.

   (5) A member shall not be in the employ of the Board nor serve on full time basis.

5.   Tenure of office and vacancies

   (1) A member, other than a member ex officio, shall hold office for a period of three years and shall be eligible for re-appointment for another three-year term but the office of that member shall become vacant—

   (a)   if he resigns by giving one month notice in writing to the Minister;

   (b)   upon his death;

   (c)   if he is absent without valid excuse from three consecutive meetings of the Board of which he has had notice;

   (d)   if he becomes an undischarged bankrupt;

   (e)   if he becomes mentally or physically incapable of performing his duties as a member; and

   (f)   if he participates, directly or indirectly, in an activity which is in contravention of this Act.

   (2) On vacation of office by a member, the vacancy shall be filled by a person appointed in accordance with the relevant provisions of section 4 (1) (b) under which the former member was appointed:

   Provided that if the remaining period is less than six months, the Minister may decide not to have the vacancy filled until the expiry of the Period.

6.   Allowances of members

   Members of the Board shall be paid such an allowance as the Minister shall, from time to time, determine.

7.   Functions of the Board

   The Board shall be the sole registering authority of all the persons required to be registered under this Act and shall have the following further functions—

   (a)   to assist in the promotion and improvement of animal health and industry in Malawi;

   (b)   to enforce discipline and control of all persons registered under this Act and practising veterinary surgery in Malawi;

   (c)   to control and exercise authority affecting the training of persons in the profession of veterinary surgery;

   (d)   to promote liaison in the field of training in the profession of veterinary surgery both within Malawi and elsewhere and to promote the standard of such training in Malawi;

   (e)   to advise the Minister on any matters falling within the scope of this Act; and

   (f)   to do all such acts and things as are necessary, incidental or conducive to the better carrying out of its functions under this Act.

8.   Policy directions

   The Board may, where necessary, seek the general direction of the Minister as to the manner in which it is to carry out its duties under this Part of the Act.

9.   Proceedings of the Board

   (1) Subject to the other provisions of this Act, the Board may regulate its own procedure.

   (2) The Board shall meet for the transaction of business at least once every three months at such places and at such times as the Chairman may determine.

   (3) A special meeting of the Board may be called by the Chairman upon written notice of not less than seven days received from any member of the Board and shall be called if at least three members so request in writing:

   Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice.

   (4) Half of the members shall form the quorum of any meeting of the Board.

   (5) There shall preside at any meeting of the Board—

   (a)   the Chairman; and

   (b)   in the absence of the Chairman, such member as the Chairman may designate or such member as the members present and forming a quorum may elect from among their number for the purpose of that meeting.

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